From this nefarious degradation of woman the custom of Borough-English arose, the youngest son becoming the heir.[4] The original signification of the word borough, being to make secure, the peasant through Borough-English made secure the right of his own son to what inheritance he might leave, thus cutting off his property from the possible son of his hated lord. France, Germany, Prussia, England, Scotland, and all christian countries in which feudalism existed, held to the enforcement of marquette. The lord deemed this right his, as fully as he did his claim to half the crops of the land, or half the wool shorn from the sheep. More than one reign of terror arose in France from the enforcement of this law, and the uprisings of the peasants over Europe during the twelfth century and the fierce Jacquerie, or Peasants War, of the fourteenth century in France, owed their origin among other causes to the enforcement of these claims by the lords upon the newly married wife. The Edicts of Marley securing the seigneural tenure in Lower Canada transplanted that claim to America when Canada was under the control of France.[5]
During the feudal period when chivalry held highest rank in the duties of the knight, women of the lower classes were absolutely unprotected. Both Church and State were their most bitter enemies; the lords even in holy orders did not lessen their claims upon the bride. Most of the bishops and chanonies were also temporal lords. The Bishop of Amiens possessed this right against the women of his vassals and the peasants of his fiefs, of which he was dispossessed at the commencement of the fifteenth century, by an arreet, rendered at the solicitation of husbands.[6] Although the clergy, largely drawn from the nobility, whose portionless younger sons were thus easily provided for, sustained the corruptions of the lords temporal yet having connected themselves with the church, they did not fail to preserve their own power even over the nobility.
The canons of the Cathedral of Lyons, bore title of Counts of Lyons; sixteen quarters of nobility, eight on side of the father; eight on side of the mother. The marchetta or cuissage was still practiced by them in the fourteenth century at the time Lyons was reunited to the crown of France. It was but slowly, after a great number of complaints and arrests of judgment that the canons of Lyons consented to forego this custom. In several cantons of Piccardy, the curés imitated the bishops and anciently took the right of cuissage, but ultimately the peasants of this region refused to marry, and the priests gave up this practice which they had usurped when the bishop had become too old to take his right.[7] The resolution not to marry, surprised and confounded the lord “suzerains,” who perceived it would cause the depopulation of their fiefs. During the feudal period, bearing children was the duty pre-eminently taught women. Serf children increased the power and possessions of the lord, they also added to the power of the church, and the strangest sermons in regard to woman’s duty in this respect fell from the lips of celibate monks and priests. She was taught that sensual submission to man, and the bearing of children, were the two reasons for her having been created, and that the woman who failed in either had no excuse for longer encumbering the earth. The language used from the pulpit for the enforcement of these duties, will not bear reproduction.[8] The villeins were not entirely submissive under such great wrongs, frequently protesting against this right of their suzerains. At one time a number of Piedmont villages rose in united powers. Although[9] the concessions gained were but small, not putting an end to the lord’s claim to the bride but merely lessening the time of his spoliation, the results were great in establishing the principle of serf rights.
Marquette began to be abolished in France towards the end of the sixteenth century.[10] But an authority upon this question says that without doubt the usage still continued in certain countries, farther asserting that even in this century it existed in the county of Auvergne, and several vassals plead to their lords against the continuance of this custom because of the great unhappiness it caused them. The lower orders of the clergy were very unwilling to relinquish this usage, vigorously protesting to their archbishops against the deprivation of the right, declaring they could not be dispossessed.[11] Boems states that he was present at a spiritual council of the metropolitane of Bourges, and heard a priest claim the right upon ground of immemorial usage.[12]
Although feudalism is generally considered the parent of this most infamous custom, some writers attribute its origin to an evangelical council, or to precepts directly inculcated by the church,[13] whose very highest dignitaries did not hesitate to avail themselves of the usage. In 1471, quite the latter part of the fifteenth century, Pope Sixtus IV[14] sought admission to the very illustrious Piedmont family, Della Rovere, which possessed the right of cuissage, allowing the lord absolute control of his vassals’ newly wedded bride for three days and nights; a cardinal of the family having secured the patent by which this outrageous and abominable right was granted them. The rights of the Lords spiritual in the jus primae noctis, at first, perchance, confined to those temporal lords who holding this right entered the church, at last extended to the common priesthood, and the confessional became the great fount of debauchery. Woman herself was powerless; the church, the state, the family, all possessed authority over her as against herself. Although eventually redemption through the payment of money, or property, was possible, yet a husband too poor or penurious to save her, aided in this debasement of his wife.[15] This inexpressible abuse and degradation of woman went under the name of pastime, nor were the courts to be depended upon for defense.[16] Their sympathies and decisions were with the lord. Few except manorial courts existed. Even when freedom had been purchased for the bride, all feudal customs rendered it imperative upon her to bear the “wedding dish” to the castle. Accompanied by her husband, this ceremony ever drew upon the newly married couple a profusion of jeers and ribald jests from which they were powerless to protect themselves. While in ancient Babylon woman secured immunity by one service and payment to the temple, the claim of the lord to the peasant wife was not always confined to the marriage day, and refusal of the loan of his wife at later date brought most severe punishment upon the husband.[17]
Blessing the nuptial bed by the priest, often late at night, was also common, and accompanied by many abuses, until advancing civilization overpowered the darkness of the church and brought it to an end. When too poor to purchase the freedom of his bride, the husband was in one breath assailed by the most opprobrious names,[18] and in the next he was congratulated upon the honor to be done him in that perchance his oldest child would be the son of a baron.[19] So great finally became the reproach and infamy connected with the droit de cuissage, as this right was generally called in France,[20] and so recalcitrant became the peasants over its nefarious exactions, that ultimately both lords spiritual and lords temporal fearing for their own safety, commenced to lessen their demands.[21] This custom had its origin at the time the great body of the people were slaves bound either to the person or land of some lord. At this period personal rights no more existed for the lower classes than for the blacks of our own country during the time of slavery. Under feudalism, the property, family ties, and even the lives of the serfs were under control of the suzerain. It was a system of slavery without the name; the right of the lord to all first fruits was universally admitted;[22] the best in possession of the serf, by feudal custom belonged to the lord. The feudal period was especially notable for the wrongs of women. War, the pastime of nobles and kings, brought an immense number of men into enforced idleness. Its rapine and carnage were regarded as occupations superior to the tillage of the soil or the arts of peace. Large numbers of men, retainers of every kind, hung about the castle dependent upon its lord, obedient to his commands.[23] At an age when books were few and reading an accomplishment of still greater rarity, these men, apart from their families, or totally unbound by marriage, were in readiness for the grossest amusement. At an age when human life was valueless, and suffering of every kind was disregarded, we can readily surmise the fate likely to overtake unprotected peasant women. They were constantly ridiculed and insulted; deeds of violence were common and passed unreproved. For a woman of this class to be self-respecting was to become a target for the vilest abuse. Morality was scoffed at; to drag the wives and daughters of villeins and serfs into the mire of lechery was deemed a proper retribution for their attempted pure lives; they possessed no rights of person or morality against the feudal lord and his wild retainers. All christian Europe was plunged into the grossest morality.[24] A mistress was looked upon as a necessary part of a monarch’s state.[25] Popes, cardinals, and priests of lesser degrees, down to the present century, still continued the unsavory reputation of their predecessors;[26] “nephews,” “nieces,” and “sacrilegious” children are yet supported by the revenues of the Church, or left to poverty, starvation and crime. It was long the custom of christian municipalities to welcome visiting kings by deputations of naked women,[27] and as late as the eighteenth century, a mistress whose support was drawn from the revenues of the kingdom, was recognized as part of the pageantry of the kingdom.
The heads of the Greek and Protestant Churches, no less than of the Catholic, appear before the world as men of scandalous lives. The history of the popes is familiar to all students. No less is that of the English Eighth Henry, the real father of the Reformation, in England, and founder of the Anglican Church, whose adulteries and murders make him a historic Blue Beard. The heads of the Greek Church figure in a double sense as fathers of their people. The renowned Peter the Great amused himself by numberless liaisons, filling Russia with descendants whose inherited tendencies are those of discontent and turmoil. When he visited the Court of Prussia, 1717, he was accompanied by his czarina, son, daughter, and four hundred ladies in waiting, women of low condition, each of whom carried an elegantly dressed infant upon her arms. If asked in regard to the paternity of the child they invariably replied “my lord has done me the honor to make me its mother.”[28]
In no country has a temporal monarch under guise of a spiritual ruler been more revered than in Russia. Even amidst nihilism a belief that the czar can do no wrong is the prevailing conviction among the Slavic peoples. This is both a great cause of, and a result of Russian degradation. If we except the proportionately few liberal thinkers, that conviction is as strong as it was in the time of Ivan the Terrible. In no civilized or half-civilized nation is ignorance as dense as among the peasantry of that vast empire embracing one-sixth of the habitable globe. Nor to the czar alone was such disregard of woman’s right of person confined. The system of serfdom which existed until within the last half of the present century, was a system of feudalism in its oppression of women, although if possible even more gross. The sale of young peasant girls regularly took place, and the blood of the nobility of that country runs in the veins of its most degraded and ignorant population.[29] Although Italy the seat of the papal power is noted for the ignorance, squalor, and superstition of its people, we no less find such a condition of affairs existing in Russia. Amid the starvation of its people, accompanied by “hunger-typhus,” that form of disease which in the Irish famine of 1848 was known as “ship-fever,” the peasants will not accept aid from Count Tolstoi, whom they have been taught to regard as Anti-Christ, fearing that by so doing they will condemn themselves to eternal torment.[30] While the peasantry are thus suffering wrongs of every nature, the priesthood and churches are as thriving as before.
Having shown the results of power in the hands of a controlling class, upon women of low degree in both the Catholic and Greek divisions of christendom, we have but to look at our own country to find like condition under Protestantism. The state of the slave women of the South was that of serfs of the body under feudalism, or of the serf peasant women of Russia. Nor is other proof of this statement required than the hue of this race, no longer spoken of as the blacks, but as colored people. Let the condition of woman as to her rights of person, under the three great divisions of Christianity, be answer to all who without examination of history, or the customs of ancient and modern times, and with eyes closed to these most patent facts, so falsely assert that woman has been elevated by christianity, and is now holding a position never before in the world accorded her. But what has already been shown of her degradation under christian teachings and laws is but a small portion of the wrongs woman has suffered during the christian centuries.